közokiratok

Közokiratok are public documents in Hungarian civil law. They are created by a competent public authority or by a notary (közjegyző) and record facts or legal acts with official credibility. The category includes notarial deeds, official certificates, extracts from public registries, and other documents produced by authorities in the exercise of their functions. Közokiratok are distinguished from magánokiratok (private documents) by their stronger evidentiary value and public faith.

Creation and form. A közokirat is formulated by an authorized official who verifies the identities of the parties, records the relevant facts, and signs and stamps the document. It typically contains the place and date, the names of the involved persons, the specific act or fact certified, and the official signature or seal. The formality requirements are strict, and the document’s authenticity rests on the authority of the issuer.

Legal effects. In civil proceedings, a közokirat has presumptive authenticity and can serve as conclusive evidence of its content. It can also function as an enforceable title for monetary obligations, facilitating enforcement procedures without requiring further proof of the debt, subject to the applicable legal provisions. Challenges to a közokirat usually require formal arguments such as fraud, lack of authority, or defects in the procedure that produced the document.

Comparison with magánokiratok. Magánokiratok are signed by private individuals and lack the same public faith, making their contents easier to dispute or require additional proof. Közokiratok thus provide a more efficient evidentiary basis in property transactions, loans, corporate acts, and other legal matters.

Common uses. Real estate transfers, mortgages, loan agreements, corporate founding documents, powers of attorney, and official certificates (birth, marriage, registry extracts) frequently appear as közokiratok.